Turner v. Quincy Mutual Fire Insurance
Massachusetts Supreme Judicial Court
Contract. The first count of the declaration was on a policy of insurance, dated November 16, 1865, by which the defendants insured the plaintiff $7000 on his building in Boston, “payable in case of loss to A. W. Benton, mortgagee.” The second count was to recover the sum awarded to the plaintiff by arbitrators to whom the question of the amount payable under the policy had been referred by the parties.
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Contract. The first count of the declaration was on a policy of insurance, dated November 16, 1865, by which the defendants insured the plaintiff $7000 on his building in Boston, “payable in case of loss to A. W. Benton, mortgagee.” The second count was to recover the sum awarded to the plaintiff by arbitrators to whom the question of the amount payable under the policy had been referred by the parties. At the trial in this court, before Colt, J., it appeared that Benton, who had a mortgage of $35,000 on the insured premises, assented to the bringing of this suit, either before or after it…
1Opinion of the CourtAmes, J.
The case finds that the plaintiff was the general owner of the property insured, and was the party who applied for the insurance, paid the premium, and subscribed the deposit note. He must be considered as the person insured. Sanford v. Mechanics’ Insurance Co. 12 Cush. 541. The stipulation that in case of loss the amount of indemnity that shall become due is to be paid to a mortgagee does not prevent the plaintiff from being ..he party for whose benefit the insurance is to operate. Jackson v. Farmers’ Insurance Co. 5 Gray, 52. Whatever may in that way be paid to his creditor, operates in…
2Cited by9 opinions
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- Green v. Star Fire InsuranceMassachusetts Supreme Judicial Court · 1906
- Reynolds v. Continental InsuranceMichigan Supreme Court · 1877
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